摘要
In its short history India has hosted some of the largest refugee movements in history including the massive flows between India and Pakistan in 1947. At that time, Partition and India giving asylum to approximately 10 million refugees from the former East Pakistan （now Bangladesh） in the early 1970. Presently India has in its refugee protection Tibetans from Tibet, Tamils from Sri Lanka and Chakma from Bangladesh who have been granted protection and care and are directly assisted by the Government of India. Also refugees such as Burmese, Afghans and others are under Indian care. India is not a state party to the 1951 UN Convention relating to the status of refugees or the 1967 protocol, nor is there any domestic law or legal procedure governing the protection of refugees. There is no binding regional agreement concerning refugees in South Asia. India continues to maintain the same for various reasons but primarily internal security. In spite of the fact that there is no any legal regime to govern the refugee protection, India has acceded to or signed all the major international human rights instruments such as International Covenant on Civil and Political Rights, 1966, International Covenant on Economic, Social Cultural Rights, 1966, Convention on the Rights of Child 1989. Indian laws that are enacted from time to time necessarily incorporate many of the international provisions so that the refugees are taken care of adequately. Further, the Indian Constitution makes no distinction between Indian nationals and others including refugees in ensuring basic human rights and freedom. Articles 14 and 21 of Indian Constitution, for example, are equally applicable to all. Of late the interventions of Indian Judiciary and Human Rights Institutions such as National and State Human Rights Commissions are praiseworthy and of paramount importance in safeguarding refugees against arbitrary actions. The role of civil societies and the media is noteworthy in this context. India adopts the principle of non-refoulement in matters pertaining to refugee protection. The Sri Lankan Tamils＇ case is a glaring example to substantiate the above principle. This article dwells on the pattern of refugee management in India and the issues involved in it.
